Q & A

PHA Must Reinstate Voucher While Case Is Pending

March 28, 2017    

Facts: A Section 8 resident sued the local PHA and its executive director based on their termination of her voucher. She asserted a violation of her due process rights and violations of her right to a reasonable accommodation for her son’s disability. She also asked the...

Dr. Ben Carson Sworn in as HUD Secretary

March 10, 2017    

On March 2, Dr. Ben S. Carson, Sr. was sworn in as the 17th Secretary of HUD. Secretary Carson will now lead a cabinet agency of approximately 8,000 employees who oversee most of the nation’s affordable housing programs and will manage a nearly $50 billion budget. Sheila Greenwood,...

Report Finds Some Moving to Work PHAs Promote Mobility

March 10, 2017    

The Urban Institute recently released a report entitled Moving to Work and Neighborhood Opportunity. This report explored how public housing authorities (PHAs) granted Moving to Work (MTW) status by HUD use their unique policy and fiscal flexibility to help low-income households move to...

Bill Would Provide Legal Assistance to Low-Income Tenants

March 10, 2017    

Representative Keith Ellison (D-MN) recently introduced the “Equal Opportunity for Residential Representation Act of 2017.” The bill is designed to help provide legal and supportive services to lower income families. 

Report: Education Increases Chances of Exiting Rental Assistance

March 10, 2017    

A report by the Public and Affordable Housing Research Corporation (PAHRC), The Education Boost: Lifting Families Out of Poverty, estimates the value that improvements in education can have on positive exits from rental assistance, describes the barriers low-income individuals face attending...

HUD Approves 41 HTF Allocations Plans to Date

March 10, 2017    

The Housing Trust Fund (HTF) is an affordable housing production program that complements existing federal, state, and local efforts to increase and preserve the affordable housing supply for extremely low- and very low-income households, including homeless families. The HTF was established...

Trump Administration Sends Preliminary FY 2018 Budget Framework to Agencies

March 10, 2017    

The White House Office of Management and Budget (OMB) recently sent federal agencies a preliminary FY 2018 budget framework. The framework identifies its top-line funding amounts for the agencies and asks them for feedback on how they will achieve these targets. OMB officials said the budget...

Legislation Introduced to Neutralize HUD's AFFH Rule

March 10, 2017    

Representative Paul Gosar (R-AZ) recently introduced H.R. 482, as Senator Mike Lee (R-UT) introduced S. 103, an identical piece of companion legislation in the Senate. While the Fair Housing Act has been in place since 1968, it wasn’t until the Obama administration when a rule was put in...

PHA Not Liable for Breach of HAP Contract

March 9, 2017    

Facts: A group of Section 8 owners sued the local PHA for breach of their housing assistance payment (HAP) contracts. Under these contracts, the tenants are required to pay a percentage of their income to the owners, the housing agencies pay the remaining rent, and HUD...

PHA Has Discretion to Determine Waiting List Placement

March 9, 2017    

Facts: A Section 8 applicant sued the local PHA and HUD for placing him on the waiting list for Section 8 housing. The applicant claimed that he suffers from various mental disabilities. He alleged that his placement on the waiting list violates his rights under the Equal...

HUD Issues Final Rule to Help Children Exposed to Lead Paint Hazards

February 10, 2017    

In an effort to respond quickly when young children living in federally assisted housing experience elevated levels of lead in their blood, HUD published a new rule lowering the department’s threshold of lead in the child’s blood to match the more protective guidance of the Centers...

HUD Posts Interim AFFH Guidance for States

February 10, 2017    

HUD recently posted interim guidance for states regarding their statutory obligation to affirmatively further fair housing (AFFH). The guidance tells how states should comply with the rule until HUD finalizes the state Assessment of Fair Housing Tool.